>> toe truth to tell mike carol says it's the kind of case a supreme court might prefer politicians to resolve because the law is so murky. >> it would be best if congress really weighed many. the court is faced with a really difficult job here because the text of the statute really seems to be hard to reconcile. >> if any of this sounds familiar for you, it may be because the court recently tackled a similar case, but the opinion ended up a tie vote with justice kagin recusing herself due to the role she played mr. it when she was solicitor general. this time, though, she is expected to participate. brook. >> joe, thank you. joe johns for us in washington. >>> coming up here, candy crowley, host of cnn's "state of the union." we'll talk to ler about hurricane sandy and how it's affecting the presidential race ask how that may play out. also, about some recent key newspaper endorsements and whether they really even matter. that's next. e. [ male announcer ] dayquil doesn't treat that. huh? [ male announcer ] alka-seltzer plus rushes relief to all your worst cold symptoms, plus it relie